However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

On July 10, 2013, the Defendant loaned the facility cost of 30 million won to the victim F in the “E coffee shop” located in the Government of Gyeonggi-si on July 10, 2013 to the victim F, and if the Defendant borrowed the facility cost of 30 million won to the victim F, he/she will repay it up to January 31, 2014.

“A false representation was made.”

However, from May 2013, the Defendant, from the perspective of managing a securities account of the victim, agreed to have half of profits by managing the securities account of the victim, and the fact is that the Defendant, by pretending to sell the securities held by the victim without profits, deposited the money into the bank account of the victim with the proceeds, and did not intend to repay the additional money from the victim due to the situation where the victim continued to receive the money in the name of the commission from the victim. In addition, the Defendant did not have the ability to repay the loan since it had no capacity to pay the amount of 60 million won at the time.

The Defendant was transferred KRW 30 million to a bank account in the name of his father on July 11, 2013 from the victim by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Statement made by the prosecution against the F;

1. Account transactions;

1. Details of securities accounts;

1. Application of Acts and subordinate statutes on the loan certificate;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the choice of the type of punishment;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (see, e.g., Supreme Court Decision 201Da1448, Jan. 2, 201; Supreme Court Decision 201Da1148, Jan